R.Suresh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.22812 of 2019 and Crl.M.P.Nos.11922 and 11923 of 2019 1.R.Suresh 2.M.Rathinam 3.R.Devamani 4.R.Daisy .. Petitioners Vs.

1.State represented by, The Sub Inspector of Police, T6, All Women Police Station, Avadi, Thiruvallur District.

2.M.Ranjimuthuselvi .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records pertain to S.C.No.166 of 2014, on the file of the Sessions Judge, (Fast Track Mahila Court), Thiruvallur and quash the same. For Petitioners : Mr.T.K.S.Gandhi For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor (for R1)

ORDER

The Criminal Original Petition has been filed to call for the records pertain to S.C.No.166 of 2014, on the file of the Sessions Judge, (Fast Track Court), Thiruvallur and quash the same.

2. The case is still in the stage of Trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.The Affidavit dated 26.08.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in

person before this Court. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card is made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the S.C.No.166 of 2014, on the file of the Sessions Judge, (Fast Track Court), Thiruvallur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.166 of 2014, on the file of the Sessions Judge, (Fast Track Court), Thiruvallur, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1500/- (Rupees one Thousand Five Hundred only) each as costs, to the credit of the Clerk Association, Madras High Court, Chennai), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Consequently, connected miscellaneous petitions are closed.

*Copy of the Affidavit is enclosed herewith Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Sessions Judge, (Fast Track Mahila Court), Thiruvallur.

2.The Sub Inspector of Police, T6, All Women Police Station, Avadi, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

4. The Clerk Association, Madras High Court, Chennai.

Copy to:- The Section Officer, Criminal Section, High Court, Madras - 104.

(For Reporting Compliance) +1cc to Mr.T.K.S.Gandhi, Advocate, SR.No.73132 Crl.O.P.No.22812 of 2019 Kak(22/10/2019)